David Oaga Mokaya, a university student, appeared before the Milimani Law Courts on Monday, November 18, 2024, facing allegations of spreading false information on X (formerly Twitter). The accusations stem from a controversial post on his account, “Landlord @bozgabi,” published on November 13, 2024. The post depicted an image of a funeral procession featuring a casket draped in the Kenyan flag and accompanied by military officers in ceremonial uniform. Mokaya claimed in his caption that the image depicted President William Ruto being transported, a claim swiftly debunked as fabricated.
The Director of Public Prosecutions (DPP) presented evidence that Mokaya had manipulated the image, altering its date and other details to make it appear genuine. The intent, according to the prosecution, was to mislead the public and potentially incite unrest.
Legal Proceedings
Mokaya, who pleaded not guilty to the charges, was arraigned before Senior Principal Magistrate Benmark Ekhumbi. The prosecution emphasized the severity of the offence, arguing that the act violated laws designed to curb disinformation and protect public order. Spreading false information, they asserted, could destabilize the nation by sowing confusion and panic.
Under Kenyan law, publishing false information is a serious crime, particularly when it involves high-profile figures such as the President. The magistrate underscored the importance of maintaining decorum in online spaces, noting that the rapid spread of disinformation on platforms like X can have far-reaching consequences.
To secure his release, Mokaya was granted a bond of KSh 100,000 or a cash bail of KSh 50,000. The court scheduled the case for further hearing on December 4, 2024, during which evidence will be presented, and witnesses will testify.
The Gravity of Online Misconduct
This incident highlights the growing challenges posed by the misuse of social media. Platforms like X have become powerful tools for communication, but they also harbor the risk of spreading unverified and potentially harmful information. In Kenya, where political tensions often run high, posts like Mokaya’s can exacerbate divisions and ignite unnecessary alarm.
The government has increasingly cracked down on online misconduct, particularly in the wake of laws aimed at regulating digital spaces. Critics of such measures argue that they could infringe on freedom of speech, but proponents emphasize the need to balance this freedom with responsibility.
Mokaya’s case has reignited discussions about digital ethics among Kenyan youth, many of whom rely heavily on social media for news and entertainment. With the potential for misinformation to tarnish reputations and disrupt societal harmony, the judiciary’s stance on cases like this is seen as a litmus test for the nation’s commitment to combating digital falsehoods.
The Role of Education
As universities across Kenya educate the next generation of leaders, Mokaya’s predicament serves as a cautionary tale for students about the repercussions of irresponsible online behavior. Educational institutions are being called upon to incorporate digital literacy into their curricula, equipping students with the skills to discern credible information and understand the legal implications of their online actions.
The Path Ahead
As the December 4 hearing approaches, all eyes will be on the Milimani Law Courts to see how the case unfolds. Mokaya’s defense team is expected to argue for his freedom of expression, while the prosecution will likely underscore the potential harm caused by his actions.
This case serves as a reminder of the immense power social media wields and the responsibility users must exercise. For Mokaya, it is a hard lesson in the potential consequences of a single post in the digital age.
